Walking Possession Order

[wales01man]

Im posting this out of interest after having read so many posts on here about the behavoiur and abuse of their powers by some or maybe all bailiffs.the one thing i have not read is what happens or has happened to anyone who has goods placed on the WPO by a bailiff and when the bailiff returned to take the goods they have been removed from the property my feeling would be without photographic evidence and if the debtor has refused to sign the order what could the bailiff do im sure not everone signs these orders and after reading of abuses of powers by bailiffs im sure this has happened .Any experience anyone

[labman]

Re: Walking Possession Order

There is an argument which most definitely needs professional legal advice whereby you can argue that as the bailiff dod not remove the goods immediately, they have abandoned them, and have thus given up on your case and have no right to return to collect them.

I cannot stress enough that this should not be attempted without seeking professional legal advice in advance.

[Guest]

Re: Walking Possession Order

There is an argument which most definitely needs professional legal advice whereby you can argue that as the bailiff dod not remove the goods immediately, they have abandoned them, and have thus given up on your case and have no right to return to collect them.

I cannot stress enough that this should not be attempted without seeking professional legal advice in advance.

Has this ever been tried? It seems to defeat the whole purpose of the WPO, also i can be it being self defeating as it would induce the bailif to sieze goods on the first visit.

Peter

[labman]

Re: Walking Possession Order

One would hope this was a reliable source:

What happens if the bailiffs get in

[Guest]

Re: Walking Possession Order

Sorry missread the OP the debtor has not signed the order, so no order existts that makes sense.

Peter

[wales01man]

Re: Walking Possession Order

i have read the above link glad im not expecting bailiffs i like the bit they can break in and they could leave a bailif as i beleive an english mans home is his castle and i for one would use what ever forcew neccessary to repel all invaders although i wouldnt encourage others what would hypothetically otheres do?

[ploddertom]

Re: Walking Possession Order

When a Bailiff seizes goods lawfully the said goods then come under his control and no one may sell, transfer or otherwise dispose of the goods without the permission of the Bailiff or sometimes the Court. If a Walking Possession Agreement is made & signed then essentially the goods are secured against the debt and if any agreement is broken then the goods may be removed and sold.

If the WPA is not signed and the Bailiff thinks the goods may be moved then he may immediately remove them. If he decides to leave them in situ then he has only a short time in which to ensure payment is made or to check regularly the goods are still there. If for instance he leaves things for more than a week then it could be srgued he has abandoned his levy and all associated charges he made must then be removed.

[Guest]

Re: Walking Possession Order

When a Bailiff seizes goods lawfully the said goods then come under his control and no one may sell, transfer or otherwise dispose of the goods without the permission of the Bailiff or sometimes the Court. If a Walking Possession Agreement is made & signed then essentially the goods are secured against the debt and if any agreement is broken then the goods may be removed and sold.

If the WPA is not signed and the Bailiff thinks the goods may be moved then he may immediately remove them. If he decides to leave them in situ then he has only a short time in which to ensure payment is made or to check regularly the goods are still there. If for instance he leaves things for more than a week then it could be srgued he has abandoned his levy and all associated charges he made must then be removed.

So if he does not get a signed WPO but he gained entry can he force re-entry the next day to check on the property?

Peter

[ploddertom]

Re: Walking Possession Order

So if he does not get a signed WPO but he gained entry can he force re-entry the next day to check on the property?

Peter

Technically he could but he would face an uphill battle if he was denied entry, he would need an Order permitting him to force entry and these are very rarely given.

[CleverClogs]

Re: Walking Possession Order

i have read the above link glad im not expecting bailiffs i like the bit they can break in and they could leave a bailif as i beleive an english mans home is his castle and i for one would use what ever forcew neccessary to repel all invaders although i wouldnt encourage others what would hypothetically otheres do?

Unfortunately, I do not believe it is still legal to pour boiling oil on invading bailiffs.

[Guest]

Re: Walking Possession Order

Technically he could but he would face an uphill battle if he was denied entry, he would need an Order permitting him to force entry and these are very rarely given.

I thought that if peaceful entry was gained they could force re-entry.


So is it just the signed WPO that permits him to force re-entry ?

Peter

[labman]

Re: Walking Possession Order

Unfortunately, I do not believe it is still legal to pour boiling oil on invading bailiffs.

I don't believe there's any law against having a pan of boiling oil balanced precariously on top of your front door though.

Accidents happen!

[Guest]

Re: Walking Possession Order

I thought that if peaceful entry was gained they could force re-entry.


So is it just the signed WPO that permits him to force re-entry ?

Peter

It would seem so

" Bailiff may force re-entry without warning & at any time if a clause exists in the walking possession agreement provided to the debtor (Lovell v O`Leary [1933]),however these form of walking possession agreements may have been signed under duress (fear through possible loss of goods) and as such the legality of such an agrrement is questionable in law"

So the question is ,how would the bailiff check on goods he didnt isue a valid WPO to enable forced re-entery.
Unless you let him in he couldnt, they would have to be considered abandoded.

Peter

[labman]

Re: Walking Possession Order

I think the whole issue of the legality or otherwise of forced entry in most cases is a whole separate argument in itself. It is a very fine line between what does and does not constitute breaking and entry. See Bluebottle's posts!

[Guest]

Re: Walking Possession Order

No you missunderstand , i am quite clear about what conmstitutes forced and peacful entry.

The OPs question was, what would the situation be if no WPO was made but the baiiliff gained peaceful entry and what would be the status of the goods.

I say that they would be considered abandoned as he would not have the authority to force entry in order to check they had not been removed

Peter